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HomeMy WebLinkAbout4th Amendment - Daniel H. Fox Jr.1799536.1 FOURTH AMENDMENT TO CITY OF DIAMOND BAR CITY MANAGER EMPLOYMENT AGREEMENT This Fourth Amendment to Employment Agreement ("Fourth Amendment") is made and entered into as of this 21st day of November, 2023, by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation (hereinafter "City"), and DANIEL H. FOX, JR. (hereinafter "Employee"), both of whom agree as follows: RECITALS A. City and Employee entered into that certain City Manager Employment Agreement dated June 6, 2017 (the “Original Agreement”). B. City and Employee entered into that certain First Amendment to Employment Agreement dated September 17, 2019 (“First Amendment”). C. City and Employee entered into that certain Second Amendment to Employment Agreement dated October, 5, 2021 (“Second Amendment”). D. City and Employee entered into that certain Third Amendment to Employment Agreement dated October, 19, 2023 (“Third Amendment”). E. The Employment Agreement, First Amendment, Second Amendment, and Third Amendment are collectively referred to herein as the “Employment Agreement.” F. The City and Employee desire to amend and modify certain provisions in the Employment Agreement as provided in this Fourth Amendment. NOW, THEREFORE, the parties agree to amend the Employment Agreement as follows: 1. Deferred Compensation. The following is added to Section 7.D of Employment Agreement: “In addition to the foregoing contribution, the City shall contribute the additional amount of $5,000.00 to the City’s 457 ICMA-RC Deferred Compensation Plan on behalf of Employee for the 2023-2024 Fiscal Year only.” 2, Integration. This Fourth Amendment integrates all of the terms and conditions mentioned herein and supersede all negotiations with respect hereto. This Fourth Amendment DocuSign Envelope ID: 0B02BB46-8728-4056-B0A8-D849B0010F70 1799536.1 amends, as set forth herein, the Employment Agreement and except as specifically amended hereby, the Employment Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Employment Agreement, the terms and provisions of this Fourth Amendment shall control. IN WITNESS WHEREOF the parties have executed this Fourth Amendment as of the day and year first above written. EMPLOYEE DANIEL H. FOX, JR. ___________________________________ CITY MANAGER CITY OF DIAMOND BAR ANDREW CHOU ________________________________ MAYOR ATTEST: ___________________________________ KRISTINA SANTANA, CITY CLERK APPROVED AS TO FORM: _________________________________ OMAR SANDOVAL, CITY ATTORNEY DocuSign Envelope ID: 0B02BB46-8728-4056-B0A8-D849B0010F70